ORS 657.990¹

(1) Violation of ORS 657.295 (Witness fees) is punishable for each offense by a fine of not less than $50 nor more than $500, or by imprisonment for not more than six months, or both.

(2) Violation of ORS 657.300 (False statements or failure to report material fact by employer) is a misdemeanor.

(3) Violation of ORS 657.480 (Effect of transfer of trade or business) (3)(a) or (b) is a Class C felony.

(4) In addition to any penalties otherwise prescribed in this chapter, violation of ORS 657.495 (Fraud in lowering contributions), 657.565 (Unlawful practices of employer), 657.660 (Records and reports of employing units) (2) or any other provision of this chapter is a misdemeanor and is punishable by a fine of not less than $100 nor more than $500, or by imprisonment for not more than 90 days, or both. If an offending employer or the employer of an offending agent is a corporation, the president, secretary and the treasurer, or officers exercising corresponding functions, are subject to the penalties in this subsection in respect to any duties of which they respectively had or, in the proper exercise of their duties, ought to have had knowledge.

(5) Subject to ORS 153.022 (Authority of agency to specify rule violation as particular level of violation), willful violation of this chapter or of any order issued or rule adopted under this chapter, the violation of which is made unlawful or the observance of which is required under this chapter, and for which a penalty neither is prescribed in this section nor provided by any other applicable statute, is punishable by a fine of not less than $20 nor more than $200, or by imprisonment for not more than 60 days, or both. Each day the violation continues is considered a separate offense.

(6) Circuit courts and justice courts have concurrent jurisdiction of any offense under this section. [Amended by 1971 c.743 §405; 1999 c.1051 §322; 2005 c.35 §3]


Chapter 657

Notes of Decisions

An individual who performs services for remunera­tion is an employee, and per­son or organiza­tion for whom services are performed is an employer under terms of Employ­ment Division Law even if remunera­tion is paid indirectly rather than directly unless employer shows that some statutory exclusion applies. Lectro Lift, Inc. v. Morgan, 14 Or App 316, 513 P2d 526 (1973)

Mere act of incorporating as professional corpora­tion does not, by itself, create employer-employee rela­tionship for purposes of this chapter. Peterson v. Employ­ment Division, 82 Or App 371, 728 P2d 95 (1986)

Atty. Gen. Opinions

Determining employer of musicians' group, (1972) Vol 35, p 1306

1 Legislative Counsel Committee, CHAPTER 657—Unemployment Insurance, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors657.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 657, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­657ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information